ENRIQUE MARCO G. YULO v. CONCENTRIX DAKSH SERVICES PHILIPPINES

FACTS:

Enrique Marco G. Yulo (petitioner) was hired by Concentrix Daksh Services Philippines, Inc. (respondent) as a Customer Care Specialist-Operations with a basic monthly salary of P12,190.00 and a guaranteed allowance of P3,125.00. He was subsequently assigned to the account of Amazon.com, Inc. On February 17, 2015, petitioner received a letter from respondent informing him of his temporary placement in the company's redeployment pool due to Amazon's intention to downsize. Respondent promised to try to deploy petitioner in other accounts based on his skill set, but if he failed to be assigned to a new account by March 22, 2015, he would be served a notice of redundancy. However, petitioner was not reassigned to other accounts and was subsequently terminated on the ground of redundancy. He filed a complaint for constructive illegal dismissal, non-payment of salary/wages and 13th month pay, moral and exemplary damages, and attorney's fees with the NLRC. The Labor Arbiter ruled in favor of the petitioner, finding his dismissal illegal. The NLRC affirmed the Labor Arbiter's decision, but the CA reversed the NLRC's ruling, stating that petitioner's dismissal was legal and justified. Petitioner appealed to the Supreme Court.

ISSUES:

  1. Whether or not the CA correctly ruled that petitioner was legally dismissed on the ground of redundancy.

RULING:

  1. The CA correctly ruled that petitioner was legally dismissed on the ground of redundancy.

PRINCIPLES:

  • Compliance with notice requirements and submitting an establishment termination report to the DOLE are necessary for a valid redundancy program.

  • The employer must exhibit good faith in terminating the employee's employment.

  • The employer must competently prove its criteria in ascertaining the redundant positions.